On Wed, 07 Sep 2005 17:21:45 +0200, Randolfe Wicker  
<[EMAIL PROTECTED]> wrote:

> I'm not a lawyer.  If you are "giving away another person's 'property'  
> for free", wouldn't they have to show some injury to collect monetary  
> damages?  I don't doubt that they could get some sort of restraining  
> order or "stop and desist order" if they wanted to go to the legal  
> trouble to do so.

I've gone over those issues (as they appear in US Copyright Law - YMMW).  
Search back an you shall find. The short answer is 'it depends'. You can  
always collect damages if you can prove a loss. You can always have the  
copyright infringement stopped. You can collect statutory damages if you  
registered your work with the copyright office - then you don't have to  
prove actual damages. You can bet your ass that record labels have this  
option.

I've said it five million times, but I will say it again. Copyright and  
related laws are vital if you want to publish *anything*. Get a book. Read  
it. I've read a college textbook called 'Mass Media Law' by R. Pember. I  
like it because it covers all areas (from copyright to privacy to libel)  
in one huge ass book.

Do not expect that you will get off easy because you didn't know which  
laws you were breaking.

> But if a vlogger is simply using their song as background music for  
> personal reminisces he sharing with others via the Internet, how could  
> anyone determine the "money due" for such use after the fact?

It's a pretty simple piece of math: Number of downloads roughly equal the  
amount of times the work has been ilegally performed.

- Andreas
-- 
<URL: http://www.solitude.dk/ >
Commentary on media, communication, culture and technology.


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